Existing law requires the Secretary of State to establish a system of approved electronic transmission through which: (1) certain military and overseas electors and voters; (2) certain electors and registered voters with a disability; or (3) certain electors and registered voters who are tribal members may register to vote, request a ballot and cast a ballot. (NRS 293.269951, 293D.200) Sections 1 and 28 of this bill require the Secretary of State to allow any registered voter to use the system of approved electronic transmission to apply for and cast a ballot if the registered voter: (1) does not have access to his or her mail ballot; and (2) is unable to go to the polls because of an illness or disability resulting in confinement, hospitalization, serious illness or is suddenly called away from home. Sections 16 and 35 of this bill authorize the county and city clerks to notify the public of the provisions of sections 1 and 28.
Section 2 of this bill removes the prohibition for a person to be a candidate of a major political party for partisan office if the person has changed certain information on an application to register to vote in a state other than this State during the time beginning on December 31 preceding the closing filing date for an election and ending on the date of the election. (NRS 293.176)
Existing law requires an independent candidate for partisan office to file a declaration of candidacy. (NRS 293.200) Existing law further sets forth the form for a declaration of candidacy for all candidates for partisan office. (NRS 293.177) Section 3 of this bill sets forth the form for the declaration of candidacy for an independent candidate for partisan office. Section 5 of this bill makes conforming changes to clarify that the declaration of candidacy for an independent candidate must be in the form set forth in section 3.
Existing law sets forth certain fees for filing a declaration of candidacy and provides that the fee for filing a declaration of candidacy may be paid by cash, cashier's check or certified check. (NRS 293.193) Section 4 of this bill: (1) provides that such a fee may also be paid by credit card; (2) revises the description of certain offices; and (3) reorganizes existing fees set forth in other provisions of existing law in to this schedule of fees.
Existing law requires a county clerk, immediately upon receipt of the certified list of candidates for judicial and nonjudicial office, to publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks and requires such notice to contain: (1) the date of the election; (2) the location of the polling places; and (3) the hours during which the polling places will be open for voting. (NRS 293.203) Section 6 of this bill requires such notice to additionally contain: (1) the names of the candidates; and (2) the office for which each candidate is running and, if the office is partisan, the party under which the candidate is running. Section 39 of this bill similarly requires the names of the qualified candidates who will be on the ballot at the presidential preference primary election and the major political party with which each candidate is affiliated to be included on such notice for a presidential preference primary election. (NRS 298.670)
Existing law authorizes a county clerk to appoint a pupil as a trainee for the position of election board officer and sets forth the qualifications for such an appointment, including a requirement that the pupil is appointed without party affiliation. (NRS 293.2175, 293C.222) Sections 7 and 31 of this bill clarify that a pupil may be appointed as a trainee regardless of his or her affiliation with a political party, including any designation of party affiliation on the pupil's application to preregister or register to vote.
Existing law provides that members of election boards continue to serve as such from the day before the day of the election until the time for filing contests of the election has expired. (NRS 293.225) Section 8 of this bill provides instead that members continue to serve as such from the day of appointment.
Existing law provides that, in certain circumstances, if one candidate receives a majority of the votes cast in a primary election for certain nonpartisan offices, the candidate must be declared elected and the candidate's name must not be placed on the ballot. (NRS 293.260, 293C.175; Carson City Charter § 5.010; Henderson City Charter § 5.010; Las Vegas City Charter § 5.010; North Las Vegas City Charter § 5.020; Sparks City Charter § 5.020) Sections 9, 29 and 42-46 of this bill provide that for the purposes of determining the majority of the votes cast in the primary election for an office for which voters may select more than one candidate, each ballot upon which a voter marked a valid choice for one or more candidates for that office shall be deemed to be one vote cast in the primary election for that office.
Existing law provides that every ballot upon which appears the names of candidates for any statewide office or for President or Vice President of the United States must contain an additional line with a square in which the voter may select “None of these candidates.” (NRS 293.269) Section 10 of this bill provides instead that the additional line on such a ballot must contain a space in which the voter may select “None of these candidates.”
Existing law: (1) authorizes the mail ballot central counting board to begin counting mail ballots 15 days before the day of the election; (2) requires the counting board to prepare to count the ballots when the polls are closed; and (3) establishes certain requirements for counting paper ballots. (NRS 293.269931, 293.363, 293C.26331, 293C.362) Sections 12 and 33 of this bill: (1) clarify that the mail ballot central counting board may begin counting mail ballots before the polls are closed; and (2) remove requirements for counting paper ballots.
Existing law: (1) sets forth certain standards for counting votes; (2) requires the Secretary of State to adopt regulations establishing uniform, statewide standards for counting a vote; and (3) authorizes the Secretary of State to adopt regulations establishing additional uniform statewide standards. (NRS 293.3677, 293C.369) Sections 13 and 34 of this bill authorize the Secretary of State to establish uniform thresholds for determining whether writing or a mark must be counted as a vote.
Existing law requires each county clerk to conduct a risk-limiting audit of the results of an election. (NRS 293.394) Section 15 of this bill renames such audits to “election accuracy audits.” Existing law provides that certain election materials, including the voted, rejected and spoiled ballots, must be sealed and deposited in the vaults of the county clerk. (NRS 293.391) Section 14 of this bill provides that such election materials are subject to inspection for the purposes of an election accuracy audit.
Existing law provides that the deadline to register to vote at a voter registration agency, the Department of Motor Vehicles or an automatic voter registration agency is the last day to register to vote by mail. Existing law requires a county clerk to accept any application which is completed by the last day to register to vote by mail if the county clerk receives the application not later than 5 days after that date. (NRS 293.504, 293.5727, 293.57688) Sections 17, 22 and 23 of this bill require a voter registration agency, the Department of Motor Vehicles and an automatic voter registration agency to notify a voter who registers to vote after this deadline that in order to vote in the upcoming election, the voter must register to vote by computer or at a polling place or polling place for early voting.
Existing law requires: (1) a person at the time he or she preregisters to vote or an elector at the time he or she registers to vote, to indicate his or her political party affiliation or that he or she is not affiliated with a party; and (2) if a person or elector indicates that he or she is not affiliated with a political party or fails to indicate as such, the county clerk or field registrar to list the person's or elector's political party as nonpartisan. (NRS 293.518) Section 18 of this bill instead requires the county clerk or field registrar to list such a person's or elector's political party as “no political party.”
Existing law requires the Secretary of State to prescribe the form for applications to preregister or register to vote. (NRS 293.5235) Section 19 of this bill requires an application to preregister or register to vote to include an option for a voter to elect not to receive a mail ballot. Sections 11 and 32 of this bill make conforming changes to provide that a county clerk and city clerk shall not distribute a mail ballot to a person who has elected not to receive a mail ballot.
Existing federal law sets forth certain requirements for the removal of a voter from the official list of eligible voters which prohibit a state from removing the name of a registered voter unless the voter: (1) confirms a change of residence outside of the registrar's jurisdiction in writing; or (2) fails to respond to a notice sent to his or her residence and has not voted or appeared to vote for a period of time after a notice has been mailed to his or her residence. (52 U.S.C. § 20507) Sections 20, 21 and 25 of this bill require a county clerk to mail a notice and conduct any correction or removal of a registered voter in accordance with existing federal law.
Existing law: (1) authorizes a voter to update his or her voter registration information after the close of registration for an election; and (2) requires the county or city clerk to authorize a voter to update his or her voter registration information by the use of a paper application or the computer system established by the Secretary of State. (NRS 293.5832) Section 24 of this bill authorizes the county or city clerk to also authorize an additional method for updating such voter registration information at a polling place during early voting by personal appearance and on election day. Section 24 further: (1) requires the county or city clerk to send a mail ballot to such a voter if the voter updates the information 14 or more days before the election; and (2) provides that a voter who updates information less than 14 days before the election may vote only in person in that election only at a polling place. Finally, section 24 clarifies that all other provisions of law relating to voting in person or by mail still apply to a registered voter who updates his or her voter registration information after the close of voter registration for the election.
Existing law prohibits a person from being preregistered or registered to vote in more than one county at a time. (NRS 293.810) Section 25 instead prohibits a person from being preregistered or registered to vote in more than one state at a time.
Existing law requires a county or city clerk or other election official to immediately notify the Secretary of State if the clerk or official identifies or is informed of a confirmed attack or attempted attack on the security of an information system used by the clerk or official. (NRS 293.875) Section 26 of this bill requires the Secretary of State to adopt by regulation a cyber-incident response plan for elections. Section 26 also requires a county or city clerk or other election official to notify the Secretary of State of any cyber-incident or attempted cyber-incident on the security of an information system used by the county or city clerk or other election official in accordance with the cyber-incident response plan.
Existing law authorizes certain persons, including a spouse, domestic partner or minor child of such a person, to request that personal information contained in the records of the Secretary of State, a county or city clerk, a county recorder or a county assessor be kept confidential. (NRS 247.540, 250.140, 293.908) Sections 27, 40 and 41 of this bill additionally authorize the elderly dependent of such a person to request that such information be kept confidential.
Existing law provides that a withdrawal of candidacy must be presented: (1) for a candidate for city office, to the city clerk within 2 days after the last day for filing for candidacy; and (2) for all other candidates, to the county clerk within 7 days after the last day for filing. (NRS 293.202, 293C.195) Section 30 of this bill requires a withdrawal of candidacy by a candidate for a city office to be presented within 7 days, consistent with the requirement for all other candidates.
Existing law sets forth certain limits on making or committing to make any contributions to a candidate for office, except for a federal office, and provides that no contribution made, committed or accepted for a primary election or general election affects the limitation on contributions for a special election to recall a public officer. (NRS 294A.100) Section 36 of this bill also provides that no contribution made, committed or accepted for a special election other than a special election to recall a public officer affects the limitation on contributions for a special election to recall a public officer.
Existing federal law requires a certificate of ascertainment of appointment of presidential electors to be issued and transmitted to the Archivist of the United States not later than 6 days before the time fixed for the meeting of the electors, which is the first Tuesday after the second Wednesday in December. (3 U.S.C. §§ 5, 7) Section 37 of this bill requires the Secretary of State to transmit the certificate of ascertainment to the Archivist.
Existing law requires a person who is a qualified candidate to be a major political party's nominee for President of the United States who wants to appear on the ballot for a presidential preference primary election to file with the Secretary of State a declaration of candidacy in the form prescribed by the Secretary of State. (NRS 298.660) Section 38 of this bill sets forth the form for the declaration of candidacy for such a candidate and provides that any person who knowingly and willfully files a declaration of candidacy which contains a false statement in violation is guilty of a gross misdemeanor.
Section 48 of this bill repeals certain provisions that: (1) prohibit a counting board from commencing to count the votes until all ballots are accounted for; (2) provide for a recount at a hearing of any contest; and (3) require the county clerk to transmit the number of registered voters in the county and their political affiliation to the Secretary of State before certain elections. Section 48 also repeals a provision that deems certain registered voters who move after the close of voter registration to retain their prior residence.
Statutes affected: As Introduced: 293.176, 293.177, 293.193, 293.200, 293.203, 293.2175, 293.225, 293.260, 293.269, 293.269911, 293.363, 293.3677, 293.391, 293.394, 293.469, 293.504, 293.518, 293.5235, 293.530, 293.5307, 293.5727, 293.57688, 293.5832, 293.810, 293.875, 293.908, 293C.175, 293C.195, 293C.222, 293C.263, 293C.362, 293C.369, 293C.720, 294A.100, 298.055, 298.660, 298.670, 247.540, 250.140
BDR: 293.176, 293.177, 293.193, 293.200, 293.203, 293.2175, 293.225, 293.260, 293.269, 293.269911, 293.363, 293.3677, 293.391, 293.394, 293.469, 293.504, 293.518, 293.5235, 293.530, 293.5307, 293.5727, 293.57688, 293.5832, 293.810, 293.875, 293.908, 293C.175, 293C.195, 293C.222, 293C.263, 293C.362, 293C.369, 293C.720, 294A.100, 298.055, 298.660, 298.670, 247.540, 250.140